Chapter 33 — Chapter 33

The sheriffs, jail administrators or independent contractors of each county in the state shall supply with food the prisoners in their jails, and at all times all food so furnished shall be of a good and wholesome quality and sufficient in quantity for the proper maintenance of l…

It shall be the duty of the sheriffs, jail administrators or independent contractors of the various jails to keep a faithful and true statement of all the prisoners detained and under their charge. The statement shall set forth the name of each person committed to jail, stating h…

The sheriffs, jail administrators or independent contractors in charge of the respective jails shall submit proposed rules and regulations which shall be effective upon being adopted by the local governing body or bodies responsible for the jail for the punishment of persons viol…

A. The sheriff or jail administrator of any county, with the approval of the committing judge or presiding judge, may grant any person imprisoned in the county jail a deduction of time from the term of his sentence for good behavior and industry and shall establish rules for the …

provisions. A. The legislature recognizes that among individuals who drive under the influence of intoxicating liquor or drugs, there is a growing problem of recidivism, a lack of available space in present jail facilities and a need for alcohol and narcotics abuse counseling. Th…

This act [33-3B-1 to 33-3B-4 NMSA 1978] may be cited as the "County Detention Facility Reimbursement Act". History: Laws 2007, ch. 333, § 1.

As used in the County Detention Facility Reimbursement Act: A. "county detention facility" means a facility that is owned, operated or under contract of operation by a board of county commissioners and that is used for the incarceration of prisoners charged with or convicted of a…

facilities; rate of reimbursement. A. The distribution amount for each eligible county each fiscal year shall be derived by multiplying the total amount of money available in the fund for distribution pursuant to this section by the felony offender incarceration percentage for th…

distribution. A. The "county detention facility reimbursement fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of …

equipment; enlargement; bond issues. A. The board [boards] of county commissioners of counties in this state are hereby authorized and empowered to establish and equip juvenile detention homes and for that purpose to issue bonds of such counties in any sum necessary. Such juvenil…

personnel. The board [boards] of county commissioners of those counties which operate juvenile detention homes shall have the power and authority to appoint and employ such personnel as they may deem necessary to provide supervision, education, maintenance, training, discipline a…

The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof and the manner and time …

The respective boards of county commissioners are authorized and empowered to seek and obtain, if possible, from the United States government, or any department or agency thereof, financial aid and assistance to carry into effect the purposes hereof. Such boards are also authoriz…

The boards of county commissioners of the several counties are hereby authorized and empowered to enter into any and all contracts and do and perform any and all things necessary and proper to carry into effect the provisions hereof. History: Laws 1939, ch. 75, § 5; 1941 Comp., §…

When erected, such juvenile detention homes shall be maintained at the expense of the counties wherein they are located. The board of county commissioners of the county wherein such juvenile detention home is located shall have supervisory control of such juvenile detention home …

disbursements. For the purpose of maintaining juvenile detention homes in counties that have them, there may be appropriated by the board of county commissioners of the county sufficient funds to provide for the maintenance, upkeep, repair and improvement of a juvenile detention …

other counties; maintenance of juvenile. In those counties without juvenile detention homes, if the district judges of such counties shall determine it advisable that a juvenile within such counties should be transferred to a juvenile detention home for safekeeping or detention, …

When it is deemed advisable by the judge of the district court of a county that does not have a juvenile detention home, that juvenile delinquents in his county be transferred for safekeeping or detention to juvenile detention homes located in other counties, then for the purpose…

The levy herein provided shall be within the limitations provided for all county purposes and uses under Chapter 140 of the Session Laws of 1921, and all amendments thereto. History: Laws 1939, ch. 151, § 6; 1941 Comp., § 45-612; 1953 Comp., § 42-6-12.

Sections 1 through 15 [33-8-1 to 33-8-15 NMSA 1978] of this act may be cited as the "Corrections Industries Act". History: Laws 1981, ch. 127, § 1.

ANNOTATIONS Repeals. — Laws 1984, ch. 65, § 175, repealed 33-8-10 NMSA 1978, as amended by Laws 1983, ch. 92, § 1, relating to purchase by state agencies and local public bodies under the Corrections Industries Act. For present comparable provisions, see 13-1-189 NMSA 1978. Laws …

ANNOTATIONS Repeals. — Laws 1985 (1st S.S.), ch. 7, § 5 repealed 33-8-11 NMSA 1978, as enacted by Laws 1981, ch. 127, § 11, relating to a catalogue of goods and services available under the Corrections Industries Act, effective May 23, 1985. For present provisions relating to mar…

A. Except as otherwise provided in this section, no product or service manufactured or provided in whole or in part by inmate labor shall be sold or furnished except to a qualified purchaser; provided that such products may be resold by the user for purposes of salvage. As used i…

ANNOTATIONS Repeals. — Laws 1987, ch. 5, § 4 repealed 33-8-12.1 NMSA 1978, as amended by Laws 1987, ch. 5, § 2, relating to furniture, fiberglass and plastic products sales, effective July 1, 1991.

A. The secretary of corrections may employ individuals necessary to serve as sales representatives for the marketing of goods and services produced or assembled through the corrections industries division who shall be classified personnel and be paid in accordance with a commissi…

A. The department secretary, upon recommendation of the commission, may lease real property on the grounds of any facility and may provide for reasonable access to and egress from the leased property to a private commercial industry for the purpose of establishing and operating a…

ANNOTATIONS Repeals. — Laws 1999, ch. 238, § 7 repealed 33-8-14 NMSA 1978, as enacted by Laws 1981, ch. 127, § 14, relating to industrial good time deductions for inmates, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For pre…

A. The department shall provide for the utilization of available inmate labor on public works by any state agency or local public body. The department shall have full jurisdiction at all times over the discipline and control of inmates performing labor pursuant to this section an…

The secretary of corrections and criminal rehabilitation [secretary of corrections] shall promulgate rules and regulations providing for the production of small articles of handiwork by inmates from raw materials furnished by the corrections and criminal rehabilitation department…

As used in the Corrections Industries Act: A. "commission" means the corrections industries commission; B. "department" means the corrections department; C. "enterprise" means a manufacturing, agricultural or service operation or group of closely related operations within the bou…

The purpose of the Corrections Industries Act is to enhance the rehabilitation, education and vocational skills of inmates through productive involvement in enterprises and public works of benefit to state agencies and local public bodies and to minimize inmate idleness. History:…

All persons convicted of crime and confined in a facility under the laws of the state except such as are precluded by the terms of the judgment and sentence under which they may be imprisoned shall perform labor under such rules and regulations as have been or may hereafter be pr…

ANNOTATIONS Repeals. — Laws 1987, ch. 75, § 4 repealed 33-8-5 NMSA 1978, as amended by Laws 1983, ch. 301, § 74, relating to the creation of the "corrections industries commission" and appointment of its members, effective June 19, 1987. Laws 1987, ch. 75, § 2 provided that the t…

The "corrections industries commission" is created. The commission consists of seven members appointed by the governor with the advice and consent of the senate for staggered terms of four years or less in a manner that the terms of one or two members expire as the case may be on…

The commission has the following powers and duties to: A. determine those enterprises to be conducted in facilities in such volume, kind and place as to eliminate unnecessary inmate idleness at all facilities and to provide diversified work activities that will serve as a means o…

ANNOTATIONS Repeals. — Laws 1985 (1st S.S.), ch. 7, § 6 repealed 33-8-6.1 NMSA 1978, as enacted by Laws 1985 (1st S.S.), ch. 7, § 4, relating to exemptions from the Procurement Code, effective June 30, 1986. Laws 1987, ch. 5, § 3 attempted to revive this section by repealing laws…

There is created in the state treasury a fund which shall be administered by the department secretary as directed by the commission and which shall be known as the "corrections industries revolving fund." All income, receipts and earnings from the operation of enterprises shall b…

A. The commission shall establish and periodically review a plan for compensation to inmates engaged in enterprise programs and public works. The compensation shall be in accordance with a graduated schedule based on work conduct, performance, experience, skills and responsibilit…

The working hours of all enterprises shall be established in a manner approximate to a standard free enterprise working day with as many work shifts as necessary. The department shall make every effort to minimize the disruption of working hours by adjusting the institutional sch…

Chapter 33, Article 9 NMSA 1978 may be cited as the "Adult Community Corrections Act". History: Laws 1983, ch. 202, § 1; 1989, ch. 219, § 1.

The department shall submit an annual report to the governor and the legislature not later than December 15 of each year. The report shall include but not be limited to funding awards, program effectiveness, monitoring efforts and future recommendations. History: Laws 1983, ch. 2…

As used in the Adult Community Corrections Act: A. "department" means the corrections department; B. "fund" means the community corrections grant fund; C. "program" means a community-based program that is operated by a county, municipality, the department or a private organizatio…

payments. A. There is created in the state treasury a special fund to be known as the "community corrections grant fund". All money appropriated to the fund or accruing to it as a result of gift, deposit, investments or other sources shall not be transferred to another fund or en…

The department shall administer the fund and make grants to counties, municipalities or private organizations, individually or jointly, pursuant to the provisions of the Adult Community Corrections Act; provided that a grant shall not be made to a private organization which is no…

A. Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations, provided that: (1) the application is for funding a prog…

The department shall establish a panel to review all applications for grants under the Adult Community Corrections Act. The panel shall make recommendations to the secretary of corrections regarding each application. History: Laws 1983, ch. 202, § 6; 1989, ch. 219, § 5; 1994, ch.…

History: Laws 1983, ch. 202, § 7; 1988, ch. 101, § 36; 1989, ch. 219, § 6; repealed by Laws 2013, ch. 165, § 4.

History: Laws 1983, ch. 202, § 8; 1988, ch. 101, § 37; 1989, ch. 219, § 7; repealed by Laws 2013, ch. 165, § 4.

A. In every case where the commitment of a person to the department is contemplated by a sentencing judge and the offender meets criteria for placement in community corrections, the adult probation and parole division of the department shall, at the request of the judge, prepare …

At any time during the period an inmate not on parole is assigned to a community corrections program, the warden of the institution from which he was released may issue a warrant for his arrest for violation of any of the conditions of his release. The warrant shall authorize the…